the legislation calls

interview guests

Professor, tutor of doctoral student

Yang Jianshun Law School of Renmin University of China, vice president of

China Administrative Law Research Association

recently, from the country's more than 240 alone lost parents to cheap NFL Hats Beijing to the State Planning Commission representatives, who expressed "with the only child died of administrative compensation" family state of demand. After the Planning Commission, who answered "no legal basis". So, from a legal perspective, between policy and the family what relationship

1, the Beijing News: generally, has contributed to the family planning for the development of the country, the country be one's unshirkable responsibility. You also said "the state has the responsibility of relief to lose only group", so, what exactly is this "state responsibility"

Yang Jianshun: "state responsibility" this is controversial, positioning of the different historical period is not the same.

19 century and the early twentieth Century before the era of liberal capitalism, according to Adam · Smith's point, is the "invisible hand" to guide the social prosperity, that the state does not intervene, what things are personal to do their own.

later produced the concept of "social state". For example, in 1917 the Soviet Union and Germany in the 1919 constitution of Weimar, snapback hats cheap that the state should not only care about the development of the society, also must ensure cheap MLB Hats the person can "like cheap NRL Hats a human life", this is the "social state" concept. Including Chinese, is to locate the "state responsibility from the aspects of".

2, the Beijing News: he lost the only problem, how to define "from the legal responsibility of the state"

Yang Jianshun: "state responsibility", need a lot of system as a support to protect the national right cheap Winter Hats to life, this is the aspect of administrative law, but also a general sense of "state responsibility". But as a jurist, system analysts, but also focus on the specific rights and obligations, "state responsibility", need to have the support of the law.

Before

, lost only group in response to the national policy, the legislation calls, although the relevant preferential policy, but the policy is changing, "state responsibility" is very general, but with the "population and family planning law" formulated the implementation of preferential treatment, related to the system, "state responsibility" would be really.

however, on this issue, "state responsibility" is more "national obligations". From the administrative aspect, there are many types of national obligation. The constitution has the "right to material assistance", that the state has a material help responsibility, citizens in the old, disease, lost the ability to work, the right to get help from the state, society, a "compulsory" in turn is a state, but not "state responsibility".

3, the Beijing News: "what is the biggest difference between the responsibility of the state" and "state responsibility"

Yang Jianshun: obligations and responsibilities are different, "responsibility" is mainly take the consequences, can not be generalized, not as an obligation to architecture.

from the legal perspective, any person may profit from the illegal behavior, in turn, any person